Hines v. Miniard
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by Mary Miniard against Walker D. Hines, as Director General of Railroads, operating the Illinois Central Railroad, for damages for injuries while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Romain Boyd, Judge. Action by Mary Miniard against Walker D. Hines, as Director General of Railroads, operating the Illinois Central Railroad, for damages for injuries while a passenger. Judgment for plaintiff, and defendant appeals. Count 2 is as follows: Plaintiff claims of the defendant the sum * * * for that during the month o-f April, 1919, defendant was engaged in operating a railroad for passengers from the city of Chicago, 111., to- the city of Birmingham, Ala., and for that on á&id date plaintiff was a passenger on one of defendant’s…
1Opinion of the CourtSayre, J.
This case was submitted to the jury on count 2 of the complaint, which should appear in the report.
[1] It will be observed that the gravamen of the charge against defendant is that its conductor, in the circumstances described, failed to take preventive action, and this is described as “gross and wanton negligence.” The charge is intended to impute to defendant’s conductor more than any degree of negligence, “which can never mean other than the omission of action without intent, existing or imputed,' to commit wrong.” It imputes to the conductor — and has been so properly treated by the…
2Cases cited3 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville R. R. v. BrewerCourt of Appeals of Kentucky · 1912
- Meyer v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
3Cited by2 opinions
- Hines v. MiniardSupreme Court of Alabama · 1922
- Central of Georgia Ry. Co. v. SmithSupreme Court of Alabama · 1928